Allahabad High Court

1. Heard Sri Rizwanul Haque Ansari, learned counsel for the petitioners, Sri Amaan Usmani, learned counsel for the respondent No. 4 and learned A.G.A. for the State.

2. This Court had passed the following order on 20.06.2024:- "1. Heard learned counsel for the petitioners, learned A.G.A. and perused the record.

2. This petition has been filed with the following main prayer: "(i) issue a writ, order or direction in the nature of certiorari, thereby quashing the impugned first information report dated 5.6.2024 lodged by opposite party no.4 at F.I.R. No.0397/2024, under Sections 498-A, 323, 504 and 506 IPC and Section 3/4 of Dowry Prohibition Act at Police Station Mohammadi, District Lakhimpur Kheri so far it relates to the petitioners in the interest of justice (Annexure No.1)."

3. Learned counsel for the petitioners has submitted that the impugned F.I.R. is an outcome of matrimonial dispute and this dispute may be settled amicably through Mediation & Conciliation Centre, therefore, the matter may be referred to the Mediation & Conciliation Centre of this Court. Learned counsel for petitioners has further submitted that to show their bona fide, petitioners are ready and willing to place the demand draft of Rs.35,000/- in favour of respondent no.4-wife before this Court on the next date.

4. List this case on 24.06.2024 at the top of the list in the additional cause list.

5. On the said date, petitioners shall produce the demand draft of Rs.35,000/- in favour of opposite party No.4/wife".

3. This Court by means of the order dated 20.8.2025 had referred the matter to the Mediation and Conciliation Centre of this Court, which is extracted herein-below :- 2 CRLP No. 4322 of 2024 "Heard Sri Satyendra Nath Mishra, learned counsel for the petitioners and learned AGA for the State-respondents as well as Sri Usman Siddiqui, learned counsel appearing for respondent no. 4. Respondent no. 4 is present in the Court today. She has agreed to settle the dispute amicably through mediation. A Demand Draft of Rs.35,000/- in favour of respondent no. 4 is handed over to her by learned counsel for the petitioners today in the Court to show the bonafide and settle the dispute amicably through the mediation. Accordingly, the matter is referred to the Mediation & Conciliation Centre of this Court. Both the parties shall appear before the Mediation & Conciliation Centre, High Court, Lucknow on 30.08.2024. The Mediation & Conciliation Centre of this Court shall positively conclude the proceedings and submit its report within a period of six weeks. List this case on 16th of October, 2024. Till the next date of listing, the petitioners shall not be arrested in FIR No. 0397 of 2024, under Sections 498-A, 323, 504, 506 IPC and Sections 3/4 of Dowry Prohibition Act, Police Station Mohammadi, District Lakhimpur Kheri".

4. In pursuance of the aforesaid order, the matter was referred to the Mediation and Conciliation Centre of this Court for an amicable settlement between the parties. The mediation was conducted by Sri Fareed Ahmad and Mr. Nikhil Singh, learned mediators. The mediation proceedings have ultimately succeeded and the settlement agreement arrived at between the parties on 27.8.2025 which is placed on record. Various conditions have been drawn which require strict adherence by the parties, failing which, the consequence is also provided in clause 6(k) of the settlement agreement.

5. Learned counsel for the parties submits that the mediation between the parties has been completed and the parties have settled their disputes amicably and divorce has taken place between the petitioner no. 2 and respondent no. 4 and the alimony has also been decided and paid accordingly. therefore,

6. Learned counsel for the petitioners submits that since the parties have entered into compromise, the proceedings arising out of F.I.R./Case Crime No.0397/2024, under Sections 498A, 323, 504 and 506 I.P.C. and Section ¾ of the D.P. Act., Police Station Mohammadi, District Lakhimpur Kheri may be quashed as no fruitful purpose will be served by keeping the same pending.

7. Learned A.G.A. as well as learned counsel for the respondent No. 4 do not dispute the contentions of learned counsel for the petitioners. Even otherwise learned counsel for the respondent No.4 submits that since the parties have settled their dispute, therefore, the respondent No.4 does not want to pursue the prosecution in pursuance to 3 CRLP No. 4322 of 2024 the impugned F.I.R. and the same may be quashed.

6. Learned counsel for the parties have also placed reliance upon the judgments rendered by the Hon'ble Supreme Court in the cases of Dimpey Gujral and Others Vs. Union Territory Through Administrator; 2013 (11) SCC 497, Narendra Singh and Others Vs. State of Punjab and Others; 2014 (6) SCC 466 and Yogendra Yadav And Others Vs. State of Jharkhand; 2014 (9) SCC 653.

7. Considering the submissions of learned counsel for the parties and keeping in view the law laid down by the Hon'ble Supreme Court in the above referred judgments as well as in view of the statement/compromise made by the petitioners as well as the respondent No. 4 and the fact that the dispute is a personal dispute which is not going to effect in any manner the society at large and also that since the parties have entered into compromise and the respondent no. 4 does not want to prosecute the petitioner, therefore, there are weak chances of conviction, the impugned F.I.R. lodged vide Case Crime No.0397/2024, under Sections 498A, 323, 504 and 506 I.P.C. and Section ¾ of the D.P. Act., Police Station Mohammadi, District Lakhimpur Kheri is hereby quashed so far as it relates to the instant petitioners.

8. Accordingly, the instant writ petition is allowed and the compromise entered between the parties shall be part of this order. October 16, 2025 kanhaiya (Zafeer Ahmad,J.) (Rajnish Kumar,J.)

1. Heard Sri Rizwanul Haque Ansari, learned counsel for the petitioners, Sri Amaan Usmani, learned counsel for the respondent No. 4 and learned A.G.A. for the State.

2. This Court had passed the following order on 20.06.2024:- "1. Heard learned counsel for the petitioners, learned A.G.A. and perused the record.

2. This petition has been filed with the following main prayer: "(i) issue a writ, order or direction in the nature of certiorari, thereby quashing the impugned first information report dated 5.6.2024 lodged by opposite party no.4 at F.I.R. No.0397/2024, under Sections 498-A, 323, 504 and 506 IPC and Section 3/4 of Dowry Prohibition Act at Police Station Mohammadi, District Lakhimpur Kheri so far it relates to the petitioners in the interest of justice (Annexure No.1)."

3. Learned counsel for the petitioners has submitted that the impugned F.I.R. is an outcome of matrimonial dispute and this dispute may be settled amicably through Mediation & Conciliation Centre, therefore, the matter may be referred to the Mediation & Conciliation Centre of this Court. Learned counsel for petitioners has further submitted that to show their bona fide, petitioners are ready and willing to place the demand draft of Rs.35,000/- in favour of respondent no.4-wife before this Court on the next date.

4. List this case on 24.06.2024 at the top of the list in the additional cause list.

5. On the said date, petitioners shall produce the demand draft of Rs.35,000/- in favour of opposite party No.4/wife".

3. This Court by means of the order dated 20.8.2025 had referred the matter to the Mediation and Conciliation Centre of this Court, which is extracted herein-below :- 2 CRLP No. 4322 of 2024 "Heard Sri Satyendra Nath Mishra, learned counsel for the petitioners and learned AGA for the State-respondents as well as Sri Usman Siddiqui, learned counsel appearing for respondent no. 4. Respondent no. 4 is present in the Court today. She has agreed to settle the dispute amicably through mediation. A Demand Draft of Rs.35,000/- in favour of respondent no. 4 is handed over to her by learned counsel for the petitioners today in the Court to show the bonafide and settle the dispute amicably through the mediation. Accordingly, the matter is referred to the Mediation & Conciliation Centre of this Court. Both the parties shall appear before the Mediation & Conciliation Centre, High Court, Lucknow on 30.08.2024. The Mediation & Conciliation Centre of this Court shall positively conclude the proceedings and submit its report within a period of six weeks. List this case on 16th of October, 2024. Till the next date of listing, the petitioners shall not be arrested in FIR No. 0397 of 2024, under Sections 498-A, 323, 504, 506 IPC and Sections 3/4 of Dowry Prohibition Act, Police Station Mohammadi, District Lakhimpur Kheri".

4. In pursuance of the aforesaid order, the matter was referred to the Mediation and Conciliation Centre of this Court for an amicable settlement between the parties. The mediation was conducted by Sri Fareed Ahmad and Mr. Nikhil Singh, learned mediators. The mediation proceedings have ultimately succeeded and the settlement agreement arrived at between the parties on 27.8.2025 which is placed on record. Various conditions have been drawn which require strict adherence by the parties, failing which, the consequence is also provided in clause 6(k) of the settlement agreement.

5. Learned counsel for the parties submits that the mediation between the parties has been completed and the parties have settled their disputes amicably and divorce has taken place between the petitioner no. 2 and respondent no. 4 and the alimony has also been decided and paid accordingly. therefore,

6. Learned counsel for the petitioners submits that since the parties have entered into compromise, the proceedings arising out of F.I.R./Case Crime No.0397/2024, under Sections 498A, 323, 504 and 506 I.P.C. and Section ¾ of the D.P. Act., Police Station Mohammadi, District Lakhimpur Kheri may be quashed as no fruitful purpose will be served by keeping the same pending.

7. Learned A.G.A. as well as learned counsel for the respondent No. 4 do not dispute the contentions of learned counsel for the petitioners. Even otherwise learned counsel for the respondent No.4 submits that since the parties have settled their dispute, therefore, the respondent No.4 does not want to pursue the prosecution in pursuance to 3 CRLP No. 4322 of 2024 the impugned F.I.R. and the same may be quashed.

6. Learned counsel for the parties have also placed reliance upon the judgments rendered by the Hon'ble Supreme Court in the cases of Dimpey Gujral and Others Vs. Union Territory Through Administrator; 2013 (11) SCC 497, Narendra Singh and Others Vs. State of Punjab and Others; 2014 (6) SCC 466 and Yogendra Yadav And Others Vs. State of Jharkhand; 2014 (9) SCC 653.

7. Considering the submissions of learned counsel for the parties and keeping in view the law laid down by the Hon'ble Supreme Court in the above referred judgments as well as in view of the statement/compromise made by the petitioners as well as the respondent No. 4 and the fact that the dispute is a personal dispute which is not going to effect in any manner the society at large and also that since the parties have entered into compromise and the respondent no. 4 does not want to prosecute the petitioner, therefore, there are weak chances of conviction, the impugned F.I.R. lodged vide Case Crime No.0397/2024, under Sections 498A, 323, 504 and 506 I.P.C. and Section ¾ of the D.P. Act., Police Station Mohammadi, District Lakhimpur Kheri is hereby quashed so far as it relates to the instant petitioners.

8. Accordingly, the instant writ petition is allowed and the compromise entered between the parties shall be part of this order. October 16, 2025 kanhaiya (Zafeer Ahmad,J.) (Rajnish Kumar,J.)